Respondent, Roberta Ryan (claimant),
has filed a motion requesting that depositions be conducted by telephone
and for an order compelling petitioner to supply an itemization of documents.
The petitioner has no objection to claimant participating in depositions
by telephone and the request for an order compelling the itemization is
not warranted.

The Court has also reviewed
the matter of depositions and finds that its prior order concerning deposition
use should be clarified by written order.

THEREFORE, IT IS HEREBY ORDERED
AS FOLLOWS:

1. Claimant, but not her husband,
may participate in depositions by telephone. The petitioner shall
arrange for a speaker phone at each deposition and shall initiate the
telephone call to connect claimant. Petitioner shall bear the telephone
costs.

2. The Court has previously
entered an order providing that the deposition of any witness shall be
admissible only if the witness is unavailable within the meaning of the
Montana Rules of Evidence. However, the Montana Rules of Civil Procedure
provide for a 100 mile rule of unavailability, and that rule is applied
in the other courts of this State. Therefore, the Court in this case will
deem any witness who does not live, or cannot be found, within 100 miles
of the place of trial to be unavailable for the purpose of offering his
or her deposition at trial.